oppn parties Paid Menstrual Leave: Stuck Between Policy, Law & Biology

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  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
Paid Menstrual Leave: Stuck Between Policy, Law & Biology

By Sunil Garodia
First publised on 2026-03-18 13:05:05

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court's refusal to mandate menstrual leave nationwide was not a dismissal of women's health. It was a wager that compulsion, in this case, could cause more harm than it cures. In a labour market where women's participation remains low and hiring biases persist, any additional statutory burden risks being quietly priced into employment decisions.

This tension is not unique to India. Across the world, governments have experimented with menstrual leave, but the outcomes have been uneven and instructive.

Countries such as Japan and South Korea have long had provisions allowing women to take time off during menstruation. Yet, these policies are often underutilised. The reason is not lack of need, but workplace culture. Many women hesitate to invoke such leave for fear of being seen as less capable or less committed. A right on paper does not automatically translate into acceptance in practice.

More recently, Spain became one of the first European countries to introduce paid menstrual leave as part of a broader reform of reproductive health policy. The move was widely hailed as progressive, but it has also reopened familiar concerns. Employers, particularly in small and medium enterprises, have raised questions about costs and operational disruption. Even supporters of the policy acknowledge that its long-term impact will depend less on legislation and more on how workplaces internalise it.

Menstrual leave sits at the intersection of health, culture and economics. A rigid mandate may recognise the first, but it cannot by itself resolve the latter two.

India's challenge is sharper. Unlike advanced economies with higher female workforce participation and stronger social security nets, India's labour market is still negotiating the basics of inclusion. Women already face structural disadvantages shaped by expectations around maternity, caregiving and flexibility. In such a setting, a compulsory menstrual leave policy could reinforce the perception that hiring women entails additional costs. That perception, however unjust, has real consequences.

At the same time, to dismiss menstrual health as a private matter would be equally flawed. For many women, menstruation involves significant physical discomfort. Conditions such as dysmenorrhea (painful, often crampy menstruation) can affect productivity in ways that are neither trivial nor rare. A framework that ignores this reality risks reducing equality to a formal slogan.

The Constitution itself offers guidance. Equality before the law coexists with the possibility of targeted protections. Indian labour law has long reflected this balance, most notably through maternity benefits. The 2017 Maternity Benefit Amendment offers a partial precedent: employers raised identical objections then - cost, disruption, competitive disadvantage - yet compliance held because maternity is a defined, bounded event amenable to actuarial planning. Menstruation is monthly, variable in severity, and individually experienced, which makes it a policy challenge of similar sensitivity but far less tractable design.

Legal compulsion without cultural readiness can blunt the very objective it seeks to achieve, a pattern visible from East Asia to Europe.

India would therefore be better served by a calibrated approach. Instead of a blanket mandate, policymakers could encourage flexible leave structures that allow employees to draw from a common pool without mandatory disclosure. Workplace health support, including access to medical consultation and awareness programmes, would address the issue more directly. Equally important is the need to normalise conversations around menstrual health, breaking the silence that still surrounds it in many parts of the country.

The question is not whether menstrual leave is justified, but how it is designed. Equality in the workplace cannot be reduced to identical treatment, nor can it be secured by policies that inadvertently deepen bias.

The Court's position reflects a caution that global experience seems to validate. The task now is not to abandon the issue, but to approach it with greater precision. Policies must be designed to support women without making them appear costlier to employ.

A policy designed to ease the workplace must not become the reason women are kept out of it.


Note: The lead image is designed by AI. The caption is ours